Prop. 13

Vote your vote away

The article has been changed from the print version to correct an error.

In a surprising move that is causing a strong backlash from progressives and other groups that have won important reforms at the ballot box, Sup. Scott Wiener is pushing a charter amendment that would allow the Board of Supervisors to change or repeal voter-approved ballot measures years after they become law.

If voters approve Wiener’s charter amendment, among the most vulnerable reforms may be tenant protections such as limitations on rent increases, relocation assistance for no-fault tenant removal, and owner move-in eviction limits, to name a few.

The Rules Committee heard concerned testimony about the proposal May 19 and opted to hold off on voting to send it to the full board for approval until the next meeting on June 2 to allow for more public comment.

If approved, the amendment will be on the November ballot, although the public may be confused about why such an amendment would be on the ballot in the first place. The measure covers ordinances and resolutions that were placed on the ballot by supervisors, and Wiener has said he plans to amend the measure to exempt those placed on the ballot by voter petition. Changes to taxes or bonds are not a part of the amendment because those are required by state law to go to the ballot box.

Paradoxically, Wiener’s reasoning for the proposal is that he believes voters are bogged down with too many ballot measures with complex issues that need changes, measures he claims the board could deal with more efficiently. But critics say it makes progressive reforms vulnerable to attack by a board that is heavily influenced by big-money interests.

At the committee meeting, about a dozen people spoke in opposition to the amendment, saying it seemed broad in scope and would be a more appropriate change at the state level.

Matthias Mormino, a legislative aide to Sup. Jane Kim, who chairs the Rules Committee, said that his boss is still on the fence. “She has concerns and hasn’t made up her mind yet.”

Currently California is one of the last states where a voter-approved initiative cannot be subject to veto, amendment, or repeal, except by the voters.

“It’s not a radical thing,” Wiener told the Guardian about the proposed amendment. “My thinking is that we should do our jobs. We elect public officials to make decisions every week. I wanted to strike a balance where the voters still have a strong say.”

But how strong of a say will the voting public have in cases where voter-approved initiatives are changed by the decisions of a board of politicians with their own influences and bias?

Wiener stated that he had no specific initiatives in mind when he decided to propose the amendment nor was he targeting any kind of legislation, except ones that are “outdated.” Wiener cited an example of updating campaign consultant reporting from quarterly to monthly as a change that needed to happen but could seemingly be a nuisance at the ballot box.

He is proposing a tiered system in which, for the first three years, an initiative is untouchable. In four years, a two-thirds majority vote by the board could make changes to initiatives; after seven years, a simple majority could do so. That means a raft of tenant measures approved in the 1990s could come under immediate attack.

“Does he not like our sick-leave policy?” Sup. John Avalos told us. “It’s so vague and unclear on what he is trying to do. I’m afraid that he is trying to change laws that are popular with the voters. It’s not a democratic way to resolve policy issues.”

Calvin Welch, a longtime progressive and housing activist, has his own theory on Wiener’s proposal. “Voters don’t have a big problem discerning which ones they agree with and which ones they don’t,” he said about voter-approved initiatives.

He did the number-crunching and concluded that of the 983 policy ordinances on the books, 207 (21 percent) were policy initiatives. Of those, 102 (about 10 percent) were approved by the voters.

“Not quite overwhelming the ballot,” Welch said. “The argument that what is promoting this — the inundation of the initiatives — is not borne of the facts.”

Welch believes Wiener is targeting certain landlord and tenant issues that date back to 1978, when San Francisco voters first started adopting rent control measures. “That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said.

Wiener denies this is an attack on tenants, and claims he doesn’t have a specific agenda in mind. “This is long-term reform, not immediate gratification reform. To take the big, big step, we would have to change state law. This is just a modest first step.”

Welch also took issue with the idea of “election proportionality,” calling the measure an undemocratic power grab since many initiatives in San Francisco’s history were approved with more than 200,000 votes.

“Mayors don’t get 200,000 votes — these measures do,” Welch said. “That a body can overrule thousands of voters undermines the election process of San Francisco. Why not limit government actors instead of the people? It’s about what Sup. Wiener wants to change.”

Budget set-asides have long been a target for legislators, explained Chelsea Boilard, a budget analyst with Coleman Advocates for Children and Youth. Historically in San Francisco, moderate politicians have mostly honed in on social service programs, not those with a lot of clout and political backing, like police and fire budgets. Although the Children’s Fund, which was set up by a charter amendment, would be exempt, other social program priorities set by voters could be eroded.

“The reality is that the police and fire departments don’t have to go to City Hall every year to defend their budgets, but health and human services do,” Boilard said.

While many on the left would love for the California Legislature to have the authority to make changes in the property-tax-limiting Proposition 13 — like by removing commercial property from being taxed at artificially low levels — activists see real danger in Wiener’s measure.

“I think this is bad policy. I know folks are frustrated with Prop. 13, for example, and wish it was easier to amend or repeal. But the way he’s going about this is odd to me,” political activist Karen Babbitt told us. “For one thing, it appears to apply to retroactively to existing ordinances and policy declarations.”

Babbitt also cites legal research indicating that Wiener’s proposal might contradict state law and be subject to legal challenge if it passes. Plus, that challenge could come from any direction since it would allow liberal and conservative reforms to be challenged by the board.

One proposition that would fall under Wiener’s amendment is Proposition L, the sit-lie ordinance approved last year that prohibits sitting or lying on public sidewalks between 7 am and 11 p.m. After a divisive campaign against the measure, police began enforcing it in April. In three years and with enough votes by the board, the board could repeal a law that Wiener supports.

“It’s really interesting,” said Bob-Offer Westort, a civil rights organizer with the San Francisco Coalition of Homelessness. “I have a lot of questions. I guess it cuts both ways. We’d like to see the aggressive panhandling law changed. We’d like to see the sit-lie repealed. There are definitely things, with the right composition of the board, we would benefit from. And there are things that we would not want to see changed.”

Either way, the measure could result in some divisive fights at the board. “One person presenting this as a way to get it done is not the answer,” Avalos said. “I worry that he will use the amendment to dismantle certain voter-approved laws.”

The case for local taxes

8

When state Sen. Darrell Steinberg introduced SB 653, a bill that would allow cities to impose an income tax, a car tax and excise taxes, I called his press office and asked if the senator was serious. Me, I thought this was one of the best ideas I’d ever heard of out of Sacramento, but I couldn’t believe Steinberg was actually going to push it.


After all, Steinberg has been in heated discussions with the Republicans over the state budget, and they’ve been refusing to bend, even an inch, on new revenue. And the Democrats can’t pass a budget alone; the two-thirds requirement for new taxes means at least four members of the recalictrant GOP have to go along.


But if Steinberg could threaten the jerks with a bill that requires only a majority vote but would open the door to all kinds of new taxes up and down the state, maybe they’d start to come around. That seemed like the theory.


But his staff told me that he was entirely serious — and to my astonishment (and perhaps his) the bill is moving forward. We did an editorial endorsing it two weeks ago, and all of a sudden, it’s getting a lot of attention. And it’s exposed a fascinating political debate in the state and raised a lot of questions that ought to be part of the political conversation.


Jerry Brown’s been talking for months about “realignment” — sending more state services back to local government. It’s part of the populist side of the guv, and it flies in the face of 50 years of liberal thought. The federal government used to be our friend — the feds enforced civil rights laws in the racist South. The feds put money into inner cities. The state of California enforced equality, too — the famous Serrano v. Priest decision, in state court, guaranteed that public schools in all areas, not just rich ones, had the resources to provide a quality education to all. “State’s rights” was the cry of segregationists; rich people in conservative communities wanted school funding to be a local decision.


But things are different now, and the political stars are realigned. The most important civil rights moves are coming from cities (see: San Francisco, same-sex marriage) and progressive communities are defying the feds on issues from immigration to medical pot. (The flip side is also happening, see: Arizona and SB 1070).


Right now, today, the single most important issue in the United States (with the possible exception of stupid foreign wars) is the wealth gap and taxation. So much flows from that — the collapse of social services, the cost of health care, unemployment, the crisis in state budgets, the decline in public education … name an issue, and it has at least some roots in the way the nation handles money. And two things have happened in the last 15 years or so, at least at the national level:


1. The Republican Party has been taken over by the far right.


2. The Democratic Party has been taken over by Wall Street.


So nothing good’s going to happen in Washington. And in California, thanks to our two-thirds rule, nothing good’s going to happen in Sacramento as long as a tiny minority of really bad Republicans can hold the state hostage.


Which means that the only hope for progressive economic policy is going to come from local government — and the best thing the Democrats can do in the state Legislature is to stand back and allow it to happen. Which is exactly what the Steinberg bill would do.


Now, the San Francisco Chronicle has come out against the Steinberg bill, saying it would


mark a regrettable retreat from the notion that Californians of many lifestyles and cultures – city dwellers, beach-goers, farmers, ranchers, techies, loggers, entrepreneurs – share a common bond. The delegation of a greater tax burden and government duties to 58 counties and hundreds of cities would only compound the disparities that make this state nirvana for some and Appalachia for others.


The problem is, that notion — that romantic vision of One California — is already gone. California isn’t one state any more; it’s too big to be a state, and it ought to be at least three states. The Democrats control both houses of the Legislature and the governor’s office — and it’s almost impossible even to pass a state budget. There’s nothing resembling a political consensus in California, and we might as well admit it.

I understand the problem of economic disparity — but you can’t address it under the current system. There are, indeed, a few counties that have very little tax base, and that will need substantial state aid; I’m good with that. I’m happy to have my tax money go to the poorest counties. But I’m not seeing the Steinberg bill as a reason to cut state spending; I think we ought to increase state spending. I just think that what comes out of Sacramento should be a floor, not a ceiling. If people in San Francisco want to spend more on their public schools — and do it in a progressive way — what’s wrong with that?

The problem with local taxes is that the most progressive, fair revenue solutions aren’t available to cities. Income taxes are far better than sales taxes; ad valorem property taxes are better than parcel taxes. But cities can’t impose traditional income taxes, and are hobbled by Prop. 13 on property taxes. So when cities DO try to impose their own taxes, the results aren’t fair — the poor pay more than the rich.

Interestingly, Dan Walters of the SacBee, who is by no means considered a liberal, likes the Steinberg bill:

California’s experiment in centralized budgeting, the unintended consequence of Propostition 13’s approval in 1978, has been an abject failure. California is simply too diverse for one-size-fits-all decision making from Sacramento, especially when the Capitol can’t even decide what that size should be.

And City Attorney Dennis Herrera, who is running for mayor, likes the idea, too:


California communities that view government as a needless intrusion into people’s lives are morally entitled to limit their local government, and to pay less for fewer services.   Conversely, California communities that see government’s potential to improve the lives of their residents deserve to fully realize the benefits of the public services they’re paying for.


But the notion that we must bind the fate of 37 million Californians to the governance of lowest common denominator is absurd. 


Steinberg’s bill isn’t perfect — it doesn’t include corporate income taxes. But it’s a lot better than what we have now.

I realize that we’re in tricky territory here — should counties where 80 percent of the voters want mandatory prayer in schools and a curriculum that says God doesn’t like homosexuality have the right to overrule state and federal law and ignore the Constitution in the name of local control? Of course not.

But I think you can argue that local government, after meeting the basic federal and state requirements, has the right to go a step further in the pursuit of civil and Constitutional rights. Just as cities, after receiving their minimum allotment of stae money, have the right to raise more. And do it in a fair way.

At the very least, the bill creates a discussion that we all ought to be having. Cuz the way we’re running the state right now isn’t working.

Editor’s notes

8

tredmond@sfbg.com

I’m tired of stories about poor San Francisco landlords. Because residential landlords in San Francisco have a great gig — and almost none have any right to complain about it.

The latest tale appeared in The New York Times May 1, with a longer version in the Bay Citizen the same day. It involves Wayne Koniuk, who owns a building on Divisadero Street. He has a shop where he makes prosthetic devices and two units upstairs.

Koniuk inherited the building from his father. He cleared out one of the units and moved in one of his sons. Now he wants to evict the tenant in the remaining unit — Robert Murphy, a senior citizen and retired union worker living on a fixed income — so he can move in his other son. Turns out that’s not easy. Koniuk is upset, and the Times presents his case: after all, Koniuk owns the building. Why can’t his children live there?

It’s an interesting question that drives a lot of passions in this town (the Bay Citizen has almost 100 comments on the story; my blog post on the subject has 65). And it gets to the heart of what rent control and regulations on property and land use are about.

See, by law — and public policy — the fact that Koniuk owns the building and Murphy rents is largely irrelevant. A long-term tenant in a protected class (in this case, someone over 60) who pays the rent on time every month and has created no nuisance has a right to stay there, except in limited circumstances. Yes, that’s an infringement on the “ownership” right of the landlord — but those rights are already strictly limited. I own a house — but not the right to demolish it, or the right to build a second unit in the basement and rent it out, or the right to add three stories to the top, or the right to turn it into a gas station or a Burger King. I knew those things when I bought the place — and if I didn’t, I should have. In San Francisco — a dense city with tight zoning laws and a legally certified housing crisis — property owners have limited rights.

They also have low property taxes (under Prop. 13), and the value of their investments keeps rising. Not a bad deal at all.

When you buy, or inherit, a building with a tenant who qualifies for protection under the city’s Rent Stabilization Ordinance, you don’t have the right to raise the rent more than a certain percentage every year. And you don’t have the right to evict the person, except for what the law calls just cause. (Just cause, by the way, typically does allow eviction to move in a relative — but it’s harder if you’ve already done one such eviction and if the tenant is a senior or disabled.)

Koniuk has a place to live (in Belmont); both his sons have places to live. They are, by definition, better off than Murphy, who is facing the prospect of no place to live at all. I’m not shedding any tears for the poor landlord. 

 

The myth of the poor landlord

112

Early in my career at the Guardian, Bruce Brugmann, the editor, warned me about certain kinds of stories. “You know,” he said, “you can always find a welfare cheat.” It’s true: if you look hard enough, you can always find someone, somewhere, who’s getting an extra welfare check or scamming the system for a few bucks — and if that’s what you write about, you start to give the impression that everyone’s cheating on welfare, and that maybe we ought to crack down on the thieving bastards.


But the problem with welfare isn’t the handful of cheats — it’s the fact that most deserving people can’t get enough money to live on. And there are far more, bigger cheaters in the executive suites.


I thought about that when I read Elizabeth Lesly Stevens’ story in the Bay Citizen about poor Wayne Koniuk.


Listen:


By trade, Koniuk fashions artificial limbs for amputees. By habit, he fits prostheses at no charge for people who cannot pay. This has left him a less-than-wealthy man.


But he does have one substantial asset: a Divisadero Street building that his father, Walter, an orthotist, bought in 1970 and gave to his only son in 2001 so Wayne could run his business on the ground floor and Wayne’s adult children would always have a place to live.


For eternity,” Koniuk recalls his father saying, “my grandkids will always have a place they can go. No matter whatever happens, that building should stay in the family.”


A small problem has come up: Koniuk wants to evict his longtime tenant so his 24-year-old son can have the apartment. And since the tenant is over 60 — and has done nothing wrong, paid his rent on time and been well behaved for roughly 30 years — it’s not easy to get rid of him.


Koniuk, who himself lives in suburban Belmont, gave a half-interest in the building to his older son in 2007 so he could evict a tenant and move in himself. But under San Francisco’s extraordinarily pro-tenant housing laws, landlords can do this only once per building. 


I like that: extraordinarily pro-tenant housing laws.


The sob story of the poor landlord even registered with Sup. Ross Mirkarimi, who has never once voted against single piece of pro-tenant legislation:


Vacancy rates are going up because owners have decided to take their units off the market,” said Ross Mirkarimi, a progressive member of the Board of Supervisors. He attributes that response to “peaking frustrations in dealing with the range of laws that protect tenants in San Francisco that make it difficult for small property owners to thrive.”


Well: Where do I start?


Maybe with the obvious: San Francisco is, overall, an extraordinarily tough place to be a tenant right now — and an extraordinarily excellent place to be a landlord. Between soaring rents and Prop. 13, virtually anyone who owns rental housing in this city is doing well. The pitiful tales of the poor broke landlord who can’t afford the upkeep are, frankly, mostly tales. I have heard hundreds of them over the years. In every single case, it turns out the landlord was a lot better off than he or she claimed.


There’s a good reason for that: San Francisco residential property is immensely valuable. The city’s only 49 square miles, most of it is built up, and almost nobody’s building new rental housing. Yeah, there are dips, but over the past 50 years, property values have gone in only one direction — and thanks to Prop. 13, if you bought the building more than a week ago, your taxes are less than what they ought to be.


There are, indeed, tenants who pay less than market rent, mostly people who have lived in their apartments for a long time and have been protected by rent control — and have somehow avoided the fate that awaits Koniak’s tenant, Robert Murphy, which is eviction.


Murphy pays “only” $525 a month, which seems like nothing compared to the $2,000 or more that Koniuk could probably get for the unit today. But keep in mind: That rent was set 30 years ago, when it was more than adequate to cover his share of the landlord’s mortgage, property taxes and maintenance. When Koniak’s dad bought the place, the building was worth a fraction of its current value. I’m pretty sure the mortgage payments didn’t go up (not as many variable-rate deals back then) — and the property taxes are essentially frozen under Prop. 13. Why should Murphy’s rent go up?


That’s the whole idea of rent control — not to deny landlords a reasonable rate of return on their investments, but to ensure that tenants aren’t punished if property values soar out of control.


And let’s remember: Koniuk didn’t pay a penny for the place — he inherited it from his dad. And he owns it free and clear; he confirmed to me when we talked that the original mortgage was paid off long ago. He complained about the cost of maintenance, but read the story carefully — he gave one of the units to his son, which was lovely but was also his choice. He could have been getting rent from that unit if he wanted more maintenance money. By moving your kids into a building, you become in essence a single-family homeowner. When I have to do maintenance on my house, it comes out of my pocket. That’s just how it is.


And Stevens’ line about Koniuk being a “less than wealthy man” seems a bit of a stretch. He owns a home in Belmont. He owns (free and clear) a building in the city worth well over $1 million. His mother owns another rental building just down the street, as well as a home in the Sunset. “Over the years,” he told me, “my dad bought up properties in the city, and fixed them up and sold them or gave them to his kids.”


And why does he need to evict Murphy? Because, he told me, his son, who is now 24, has moved out of the family home, and Koniuk is paying $1,200 a month to cover his son’s rent. If he could just get more money out of Murphy, he said, he wouldn’t evict him — “I could just use that money to pay my son’s rent someplace else.”


Well: Good for Mr. Koniuk, paying his 24-year-old son’s rent. Again, though, it’s a choice — my parents didn’t pay my rent when I was 24. Most parents don’t. I’m glad this not-wealthy landlord feels he can afford it — but that doesn’t mean a 30-year tenant, a retired union worker who is living on a fixed income, should lose his home.


There’s a fundamental misunderstanding in all of this about the relations between a tenant and landlord and how rental housing is, and should be, treated in San Francisco. I’ll give you my bias, first: I believe that in a city with a world-class housing crisis, and that’s San Francisco, housing should be regulated like a public utility. Landlords should be allowed a reasonable rate of return on their investment, but should not be allowed speculative profit — and should have no financial incentive to evict long-term tenants.


That’s impossible thanks to state law, which bars rent controls on vacant apartments and allows landlords to evict tenants whenever they want and sell the units as tenancies in common, or backdoor condos.


So the best we can do is use the regulatory powers that we have — and they ought to start with the notion (well established in law, and not just in San Francisco) that a tenant who pays rent on time and creates no nuisance has as much right to his unit as the landlord does. It ought to be okay for people to rent apartments and live in them for 30 or 40 years — and know, just as homeowners do, what the monthly nut will be when they retire.


I feel bad for Wayne Koniuk, who seems like a nice guy and a good human being. I feel much worse for his tenant, who is decidedly NOT rich and will have a huge burden paying market rent in this city right now. In fact, if he’s evicted, I don’t know where he’s ever going to find a place to live. He certainly won’t find a comparable place.


Now onto the claim that landlords are holding units vacant because they don’t like tenant-protection laws. First, if that’s true, in this city, and this market, right now, it ought to be a crime — it’s like a store withholding food and water from local residents after an earthquake because it might be more valuable later. The city has the right in a housing emergency to make laws strongly discouraging landlords from keeping housing vacant. The Rent Board ought to study this, and the supervisors ought to act. At the very least, the city ought to have a special tax on vacant residential units.


But I’m not entirely sure how much of that is really going on. Ted Gullicksen at the San Francisco Tenants Union told me it’s pretty rare: “That’s always been a big myth that the property owners put out.” he said. (I remember in the early days of rent control, when landlords insisted that nobody would ever build new rental housing in a city with rent control laws. So San Francisco exempted all new housing from rent control. Didn’t make a damn bit of difference; nobody builds rental housing anyway, because condos are more profitable.)


Stevens, who was very nice and polite when I called her and is a professional reporter who has done some excellent work, told me she didn’t want to talk to me for the record but would be glad to respond to comments on the Bay Citizen website. She pointed to a map of census data showing vacant buildings in San Francisco.


Gullicksen says his read of the data shows that most of the vacant units tend to be unsold condos; the highest concentration is in the Soma/South Beach area where the new condos have been built (and it’s no secret that a lot of them are vacant).


Check it out for yourself. The map function isn’t easy to use, but unless I’m reading the data wrong, the census tract with the most vacant housing is in the Mission Bay area, and the tracts that cover the Mission, the Haight and other tenant-heavy areas have a much smaller percentage of vacancies.


Now, there probably are landlords who keep units vacant; as I say, that ought to be a crime, but it isn’t. But it’s a bid odd for Ross Mirkarimi to talk about this situation the way Stevens quoted him, particularly his line about laws that “make it difficult for small property owners to thrive.”


Mirkarimi told me that he got involved in the case because Koniuk is “a constituent.” (So, by the way, is Murphy.) He reminded me that he’s been one of the best pro-tenant votes on the board (absolutely true). And he told me, for the record, very clearly, that he does NOT favor any relaxation of tenant laws or changes in the restrictions on owner-move-in evictions. “I would never want to change the protections for tenants against evictions,” he said.


I reminded him of the bottom line: Small property owners in San Francisco ARE thriving. The vast majority are doing far better financially than their tenants. This myth of the poor starving property owner with the rich greedy tenants is, frankly, so much horsepucky it’s hard to hear it without screaming.


In the comments section of the story, Stevens goes further on her interview with Mirkarimi:


Mr. Koniuk showed Mr. Mirkarimi the letter demanding $70,000. Mr. Koniuk had offered $45,000. (TBC also has a copy of the letter, and I spoke with the attorney who wrote it). When speaking with me, Mr. Mirkarimi said that “my jaw dropped” when he read the letter. “That letter is negotiated extortion, legitimized,” he said, by the tenant/landlord laws as they have evolved in SF. The Koniuk episode “revealed how greed or special interest can shift [power] to the other [tenant] side.”


Mirkarimi and I went back and forth on this for a while, and in the end, he told me that the statements in the Bay Citizen story “do not reflect my views or my record.” I think that’s true; I think he just got caught up in this one story of this one guy with a situation that isn’t at all the way it looks at first.


I mean, “extortion?” Seriously? What’s wrong with Murphy asking for $70,000 to move out? I don’t think that’s anywhere near enough. As another commenter noted:


You portray the tenant as “greedy” for asking for $70k but is it fair to do so without also stating the fair market value of the property? $70k on a building worth 2 million doesn’t sound so “greedy” specifically when the displaced tenant has to try to find a equivalent unit at market rate; just a guess but that cost per month I’d estimate at close to $3,000/month… do the math $70/3= 2 years at the higher rent. Doesn’t appear so “greedy”, to me.


Here’s what’s fair: Koniuk wants Murphy out so he can move in his son (who presumably won’t be paying rent at all). Fine: he should offer his tenant enough money to rent a comparable apartment in the city for the rest of his life. That’s what Murphy has now — the right to live in his apartment, at a controlled rent, until he dies. And he has a legal, moral and public-policy right to stay there.


The way I see it, Koniuk wants to buy from Murphy the right to occupy that apartment. He wants to buy the unit for his son. He ought to pay fair market value — enough to allow Murphy to buy or rent a similar place at a similar monthly payment.


The commenters who says that’s not fair because Koniuk “owns” the building


Don’t forget Murphy does not OWN the building, he pays for the privilege to live there; he has no right to it otherwise.


are missing a fundamental point. Ownership of residential property in San Francisco is not a single, simple right. It’s a bundle of rights and restrictions. I, for example, own a house in Bernal Heights. I do not own the right to demolish it and replace it with a gas station. (In fact, I don’t have the right to demolish it at all unless I can make a very good case for doing so.) I don’t have the right to drill for oil under the house. I don’t have the right to open a dog kennel in the house. I don’t have the right to add a second unit in the basement and rent it out.


If you buy, or inherit, a building with a longtime tenant in it, your rights as an owner are restricted. You don’t have the right to evict that person or raise the rent except under very limited circumstances. Murphy’s right to live in that house is every bit as solid as the rights of my neighbors not to see my house torn down and replaced with a Burger King.


That’s been a basic principle of real property law for a long time now. Some libertarians don’t like it, but most of society has come to accept it.


It doesn’t matter what Koniuk’s dad wanted; he left his son a building with a tenant in it, and thus he left a property with use restrictions. His dad could have gone to his grave dreaming that his son would turn the place into an amusement park, but that wasn’t going to happen either.


If all of this makes it tough on the poor landlords, I’m sorry: they knew, or should have know, the rules when they got into the landlord business. And virtually all of them can get out easily by selling the building — at a profit — to somebody else who realizes that residential property in San Francisco is, and has always been, an excellent financial investment.


PS: Randy Shaw at Beyond Chron really went after Mirkarimi for his comments, which I understand — Shaw’s been a tenant lawyer all his life and he has every right to criticize an elected official who makes what appear to be anti-tenant comments. What disturbed me is that Shaw never called Mirkarimi for comment; that’s just basic journalistic practice (and always a good idea). I asked him why he didn’t call; my email said:


I have no complaint with what you wrote; as a longtime tenant advocate you have every right (and responsibility) to be critical of a politician who makes statements that appear to run counter to the tenant agenda. I just think it’s fair to call people before you go after them; sometimes, as you well know, quotes that appear in news accounts are incomplete or inaccurate. That’s why I always try to check before I write.


His response:


I see the issue very differently and disagree with your premise.


Which is really, really weak. Pick up the phone, Randy. It’s really not that hard.

Taxes — without the GOP

1

EDITORIAL Gov. Jerry Brown did everything he promised to do. He negotiated in good faith with the Republicans. He listened to their ideas. He made it clear he was willing to accept concepts (pension reform, for example) that his biggest campaign supporters wouldn’t like. And he got absolutely nowhere.

The Republicans in Sacramento have demonstrated over the past two months that they have no interest in solving the state’s budget crisis and that they’re nothing more than obstructionists. It’s time for the Democratic Party leadership to give up on all this talk of bipartisanship and craft a budget solution that works — without the GOP.

There are several possible alternatives, but they all require Brown and the Democratic leadership in the Legislature to acknowledge that there’s no way to keep the state solvent and functional without at least extending existing taxes — and no way to get two-thirds support in the Assembly or Senate for any tax measure.

There’s some talk among progressives in Sacramento of using a creative legal strategy to put the extension of temporary sales and car taxes on the ballot with a simple majority vote. In essence, the Legislature can amend any existing law with a simple majority vote — and amending the current tax code to extend the temporary taxes for a year might work. Republicans will howl and sue, and it’s possible that the courts will side with them — but it’s worth a try. At the very least, the Democrats will be highlighting the difference between the two parties, giving the public a clear choice — and putting the GOP legislators on notice that if they won’t help find a solution, they’re going to be irrelevant.

The other option is to start gathering signatures immediately for a ballot initiative, or series of initiatives, that not only extends the temporary taxes but increases taxes on big corporations and the very rich. It’s too bad Brown didn’t start that process months ago; it would have given him immense bargaining clout with the Republicans. As it is, any initiative would have to wait until November; there’s nowhere near enough time to qualify a measure for a special June election.

Still, a lot of the projected state cuts could be delayed until after the voters have a chance to weigh in — and the politics are clearly on the side of progressive taxes. In fact, a poll commissioned by the California Federation of Teachers shows that 78 percent of Californians support a 1 percent increase in income taxes for Californians earning more than $500,000 a year. Even Republicans back the notion by a 60 percent majority.

With Brown leading the charge, raising the money for a signature-gathering effort and a strong campaign shouldn’t be a problem. And if California can start clearing up its red ink with taxes on the very wealthy, it will send a profound message nationwide.

Brown, to his credit, is finally starting to travel around the state and preach his message. He’s hitting Republican districts and trying to get voters to pressure their representatives to work with him. It’s a nice idea, two months too late — and it’s unlikely to turn any legislators around at this point.

On the other hand, the governor, whose popularity is high, would do wonders for the politics of the state and the nation by resuming the old populist stance he took in the early 1990s when he campaigned for president as a foe of corporate power and concentrated wealth. The folks at Calbuzz, the Santa Barbara political blog, put it nicely, suggesting that Brown start channeling the legendary former Wisconsin governor, Bob La Follette.

“As a political matter, it’s time for Jerry Brown to reach for his inner La Follette and start sounding some good, old-fashioned, Wisconsin-style populism. Instead of going after the railroads, as La Follette did, however, Brown should aim at the ultrawealthy, the oil companies, and other greedy corporate interests that have a) allowed the California Republican Party to gridlock the budget process and b) fought to keep special corporate loopholes, including outrageously low property tax rates from Prop. 13.”

That’s how you turn California around.

 

Editorial: Taxes — without the GOP

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Gov. Jerry Brown did everything he promised to do. He negotiated in good faith with the Republicans. He listened to their ideas. He made it clear he was willing to accept concepts (pension reform, for example) that his biggest campaign supporters wouldn’t like. And he got absolutely nowhere.

The Republicans in Sacramento have demonstrated over the past two months that they have no interest in solving the state’s budget crisis and that they’re nothing more than obstructionists. It’s time for the Democratic Party leadership to give up on all this talk of bipartisanship and craft a budget solution that works — without the GOP.

There are several possible alternatives, but they all require Brown and the Democratic leadership in the Legislature to acknowledge that there’s no way to keep the state solvent and functional without at least extending existing taxes — and no way to get two-thirds support in the Assembly or Senate for any tax measure.

There’s some talk among progressives in Sacramento of using a creative legal strategy to put the extension of temporary sales and car taxes on the ballot with a simple majority vote. In essence, the Legislature can amend any existing law with a simple majority vote — and amending the current tax code to extend the temporary taxes for a year might work. Republicans will howl and sue, and it’s possible that the courts will side with them — but it’s worth a try. At the very least, the Democrats will be highlighting the difference between the two parties, giving the public a clear choice — and putting the GOP legislators on notice that if they won’t help find a solution, they’re going to be irrelevant.

The other option is to start gathering signatures immediately for a ballot initiative, or series of initiatives, that not only extends the temporary taxes but increases taxes on big corporations and the very rich. It’s too bad Brown didn’t start that process months ago; it would have given him immense bargaining clout with the Republicans. As it is, any initiative would have to wait until November; there’s nowhere near enough time to qualify a measure for a special June election.

Still, a lot of the projected state cuts could be delayed until after the voters have a chance to weigh in — and the politics are clearly on the side of progressive taxes. In fact, a poll commissioned by the California Federation of Teachers shows that 78 percent of Californians support a 1 percent increase in income taxes for Californians earning more than $500,000 a year. Even Republicans back the notion by a 60 percent majority.

With Brown leading the charge, raising the money for a signature-gathering effort and a strong campaign shouldn’t be a problem. And if California can start clearing up its red ink with taxes on the very wealthy, it will send a profound message nationwide.

Brown, to his credit, is finally starting to travel around the state and preach his message. He’s hitting Republican districts and trying to get voters to pressure their representatives to work with him. It’s a nice idea, two months too late — and it’s unlikely to turn any legislators around at this point.

On the other hand, the governor, whose popularity is high, would do wonders for the politics of the state and the nation by resuming the old populist stance he took in the early 1990s when he campaigned for president as a foe of corporate power and concentrated wealth. The folks at Calbuzz, the Santa Barbara political blog, put it nicely, suggesting that Brown start channeling the legendary former Wisconsin governor, Bob La Follette.

“As a political matter, it’s time for Jerry Brown to reach for his inner La Follette and start sounding some good, old-fashioned, Wisconsin-style populism. Instead of going after the railroads, as La Follette did, however, Brown should aim at the ultrawealthy, the oil companies, and other greedy corporate interests that have a) allowed the California Republican Party to gridlock the budget process and b) fought to keep special corporate loopholes, including outrageously low property tax rates from Prop. 13.”

That’s how you turn California around.

 

Redevelopment debate full of bum choices

3

At the Potrero Hill Democratic Club’s debate about Gov. Jerry Brown’s proposal to ax local redevelopment agencies to balance the state’s $26 billion deficit, folks attempted to evaluate if redevelopment agencies are essential for job creation and community revitalization, if reform, not total destruction, is possible, and if bum choices are all we have to look forward to.

The Chronicle’s Marisa Lagos, who moderated the debate, noted that redevelopment agencies were created over 60 years ago to create economic development opportunities by borrowing against future tax increases that agencies think they can create.

 “That’s a fancy way to say ‘borrow against future taxes,’” Lagos joked, pointing to the Candlestick Point/Hunters Point Shipyard project as an example of an ongoing project, and the Yerba Buena project as an example of a completed success.

 “The Governor is arguing that when the state is cutting schools and other essential services, this is not the best use of tax dollars,” Lagos stated.

 Panelist Olson Lee, deputy executive director of San Francisco’s Redevelopment Agency, pointed to affordable housing as evidence of the agency’s positive impact.

 “I think Redevelopment is important because of the good things it has done,” Lee said, pointing to 11,000 units of affordable housing that the agency helped build in the city.

 Panelist Carroll Wills, the communications director for the California Professional Firefighters, said “many wonderful projects” have occurred under Redevelopment. But he pointed to what he called “a decade of tricks and games,” on the part of Redevelopment agencies as one reason why the state is in a fiscal crisis that threatens firefighters’ jobs.

 “Concrete does not trump core services,” Wills said, arguing that it’s not clear that many affordable housing projects would not have been built without redevelopment aid

Arc Ecology’s Saul Bloom accused Gov. Brown of “short-circuiting” what could have been an important statewide discussion about redevelopment reform, with his bombshell suggestion in January to eliminate redevelopment agencies entirely

 “I’m sympathetic to the argument that Redevelopment takes money away from core services,” Bloom said. “But what do we do to replace it? And is economic development versus core services a false choice?”

Lee pointed to Mission Bay as further evidence of Redevelopment’s success.

“It was considered a brown field, and through development, it’s much different,” Lee said, noting that 20 percent of tax increment financing goes to the General Fund to pay for redevelopment infrastructure. “Clearly the university would not have been there. It was an opportunity to place UC there and generate economic opportunities.”

 Wills argued that Redevelopment Agencies are a luxury we can no longer afford, even as he acknowledged being unfamiliar with local redevelopment projects.

“At best, redevelopment moves around the pieces,” Wills said. “It doesn’t increase economic development and it doesn’t necessarily pay for itself.”

Bloom noted that developments like Mission Bay are dependent on large institutions, like the University of California, which can’t be forced to implement city laws like local hire.

And he said he found it “disappointing” that there wasn’t much more of a dialogue around the plans to redevelop Candlestick Point and the Shipyard, despite the fact that the city held hundreds of meetings over the past decade.

“It was more a case of, Here’s our idea, tell us what you think of it,’” Bloom said. “Perhaps if we had invited the nation’s largest industrial developer, instead of the nation’s second largest home developer, we would have had a different dialogue.”

 Lee replied that the Shipyard has been under discussion for 15 years.

“It’s a very large project, the largest in the Western United States,” Lee said. “It’s a brownfield, though I know Espanola will say it’s a Superfund site,” he continued, as Bayview elder Espanola Jackson bristled under her hat, and the audience wondered if Lee meant that the US E.P.A. somehow got it all wrong.

Lee further shocked audience members by saying Treasure Island was not a redevelopment project (leading Bloom to clarify that Treasure Island is under the jurisdiction of the local Treasure Island Development Authority, if not the SF Agency).

“People felt they wanted economic development at the shipyard,” Lee continued, noting that the neighborhood suffered after the Navy withdrew from the shipyard in the 1970s. But he did not mention that major bones of contention around the redevelopment proposal, centered on plans to build 10,000 mostly market-rate condos, a bridge over an environmentally sensitive slough, the taking of a chunk of the community’s only major park, and no proof that thousands of promised jobs will materialize.

Wills noted that most local redevelopment commissions are peopled by the members of each municipality’s city council, a situation he believes leads to a lack of accountability. But members of the audience, including this reporter, noted that San Francisco’s Redevelopment Agency consists entirely of mayoral appointees, who, unlike elected officials, can’t easily be voted off the proverbial island.

It was at this point that panelist Calvin Welch, a longtime housing activist, showed up at the debate, apologizing for being late, but blaming his tardiness on being on a phone call with Sen. Mark Leno to discuss Brown’s redevelopment proposal.

And from there, the conversation veered towards discussions of what could happen to existing redevelopment projects if Brown goes through with his elimination threat.

 Lee noted that if projects simply had a disposition and development Aagreement (DDA), but Redevelopment was no longer there, there would be no project financing. “The devil’s in the details,” Lee said. “Because if you don’t have bonds, what’s the point of having an agreement.”

 Wills opined that Gov. Brown’s proposal has “a vehicle to roll back the bum’s rush” of projects that local municipalities have been trying to push across the finish line, ever since Brown dropped his Redevelopment elimination bomb in January.

 Welch went off on a historical riff about how the San Francisco Redevelopment Agency (SFRA) was met with controversy and outrage until 1988, when Art Agnos was elected mayor, and brokered a deal under which SFRA could do tax increment financing, provided the majority of funds were used for affordable housing.

“It became a finance agency to build infrastructure and affordable housing,” Welch said, noting that attempts to build out Mission Bay around commercial offices and high rises failed, until the Agency used tif to redevelop the site.

 “But mark my words, Lennar is going to come out of this just fine,” Welch added, reminding me of a recent comment that former Lennar executive Emile Haddad reportedly made that suggests Haddad believes the California housing market is poised for a rebound.

(The article outlined how Haddad sold 12,000 acres in California for a $277 million profit at the housing market’s peak four years ago, reacquired it at half the price in 2009, and is now saying it’s time to build in his new role as CEO of FivePoint Communities Inc., which is developing four new master-planned communities with a combined 45,000 residences at Newhall Ranch north of L.A., the El Toro Marine Corps Air Station in Orange County, the Candlestick Point/Hunters Point shipyard and Treasure Island  in San Francisco, with investors including Lennar, Michael S. Dell’s MSD Capital LP, Ross Perot Jr.’s Hillwood Development Co. and Rockpoint Group LLC. “I don’t want the party to show up and I’m not dressed,” Haddad, 52, reportedly said in a recent interview. “When the market says ‘I’m here,’ we’ll be one of the few that can deliver inventory.” 

(The Haddad article, which appears to be a non-bylined reprint from Bloomberg News, also claimed that Hunters Point sales are set to begin by late 2012 with prices starting at $525,000, as the Navy continues its cleanup of the 700-acre site. And that the plan now calls for as many as 12,000 homes, 3 million square feet (of commercial space and a new stadium for the 49ers. And that 7,000 homes may eventually be built on Treasure Island and adjoining Yerba Buena Island, under terms of a final development agreement that may go before the San Francisco Board of Supervisors for approval in May, with units averaging  $800,000 and reaching up to $2 million, according to Lennar V.P Kofi Bonner.)

And during the Potrero Hill Dems debate, Bloom noted that the Treasure Island plan is being “sped up” and that the Board is expected to vote on the plan as soon as possible. “But since these plans were not bonded before January [when Gov. Brown took office], what’s the point of speeding up the process?” Bloom asked.

“We’re basically seeing a brick wall,” Welch interjected. “There are virtually no funds for permanent affordable housing in San Francisco.But Jerry Brown is not going to commit financial hari kari. Every major developer of market rate housing will come out just fine, because of state actions, not because of a local vote. Deals are going to be made. It’s the question of affordable housing that’s our challenge. You’re gonna be stuck with public housing, as it is, unless there’s affordable housing financing.”

 Wills claimed that Prop. 22, which voters approved last November, “created a mechanism so rigid,” that the state’s only option was to eliminate redevelopment. “Basic services are dying on the vine,” he said. “We can’t afford to give developers subsidies.”

 Lee noted that SFRA built thousands of affordable units over the years that saved the city thousands in terms of core services it would otherwise have to provide. “Affordable housing is so basic, you can’t do things we take for granted if you are living under a freeway,” he said.

 Bloom suggested Redevelopment could do a better job of economic development, including the creation of permanent and sustainable jobs, like his proposal to create maritime uses at the Shipyard—something not entertained under the city’s Shipyard plan.

 Welch connected the dots between the taxpayer revolt that led to Prop. 13’s passage and the current fiscal woes of municipalities unable to raise taxes on commercial development. “That’s a killer,” he said, noting that housing costs more to build and maintain than it generates property taxes, especially if it’s family housing. ‘It’s those damn kids,” he joked.

Welch noted that Gov. Brown used redevelopment money to enable market rate development in downtown Oakland when he was mayor of Oakland—and claimed that Brown equated affordable housing with crime, at the time.

“We love Brown better than Meg Whitman, but it’s 2011 and we face bum choices.”

Community advocate Sharen Hewitt, who heads the C.L.A.E.R. project, asked if the panel thought San Francisco could be a “demonstration model” for using Redevelopment funds to build 50 percent affordable housing.

Welch said conversations have “already happened” between Mayor Ed Lee and Gov. Jerry Brown that have led him to believe that, “all of San Francisco’s redevelopment projects will be made whole, affordable housing will be protected and Brown will be committed to a San Francisco model.”

“It’s like the film Casablanca, when people are shocked to find out that gambling is going on in a casino,” Welch said. “People are shocked to find out that capital talks in a capitalist system.”

 Espanola Jackson asked Welch what will happen to the shipyard development, in face of a lawsuit that POWER brought that’s due to be heard March 24.

“The shipyard plan has a political function,” Welch said, noting that it was the result of a citywide vote in 2008. ‘We opposed it, but we lost. The structure of that deal flows from the vote.”

 City College Board member Chris Jackson expressed frustration that the Redevelopment conversation had devolved into a housing conversation.

“Mission Bay is all about biotech, but who works at UCSF?” Jackson said, noting that Redevelopment, as a state-funded agency, does not have to agree to the city’s newly approved local hire law.

Welch acknowledged that there has never been a study to determine the tipping point required to lift the Bayview out of poverty.

Lee admitted that Redevelopment’s focus has been housing, “because San Francisco is such an unaffordable city.” But he claimed that SFRA had a “much more aggressive program on local hire than the city, for many years.” Noting that SFRA has tried to attract restaurants and food establishments to Third Street, over the years, Lee said, “It hasn’t been something we’ve been particularly successful at.”

Welch opined that the “skills and abilities of the San Francisco community are far greater at stopping projects and protecting neighborhood character, but we can’t figure out how community-based organizations can employ their own people.”

 And then it was time to go back out into the cold March wind and try to wrap our minds about the true meaning of “bum choices” in 2011.

Ammiano goes after tax cheats

3

Assemblymember Tom Ammiano is moving to close a huge tax loophole that costs state and local government millons — and while his last attempt failed, this year he has a much better shot. The measure will probably make it out of the Legislature (hard to argue against something that doesn’t raise taxes at all but just makes sure nobody cheats) and I can’t imagine Jerry Brown deciding to veto it.


The bill, AB 448, would force companies that sell or transfer propetry to report it as an ownership change, which triggers a new assessment under Prop. 13. It’s one of the oldest loopholes in the book: I create a corporation or LLC to hold a piece of property, and when I want to sell, I simply transfer stock in the corporation or membership in the LLC to the buyer — and the property deed isn’t changed.


The California Tax Reform Association tracks this stuff, and you can see some examples here.


Ammiano’s been working with San Francisco Assessor Phil Ting, who told me “it’s a simple issue of fairness. Homeowners face reassessment when they buy property; why shouldn’t corporations?”


The stakes are high. It’s impossible to say how much San Francisco would pick up every year, but over time, it could be many millions of dollars (and about 57 percent of property tax revenue goes to the General Fund, the rest to the state, which returns most of it it the public schools).


Perhaps the Democrats should simply include this projected revenue in their budget; that way, Brown would have an even greater incentive to sign it.

Editor’s Notes

0

tredmond@sfbg.com

I had fun with the state budget the other day. The Sacramento Bee has a pretty good online simulation that lets you pick programs to cut and revenues to raise to see if you can get rid of a $26.4 billion deficit, and I gave it a shot. It took me exactly seven minutes to turn the red ink into a $2.1 billion surplus.

See, it’s not that hard. Extend the 2009 tax increases, as Gov. Jerry Brown has suggested. Force multistate corporations to pay taxes based on sales in California. Increase the corporate income tax rate to the same level as the personal income tax rate. Eliminate the Prop. 13 loophole for nonresidential property. Pass an oil severance tax. A few more mouse clicks and bingo: I’ve got $28 billion, without cutting much of anything. (Well, I cut prison spending.)

The lesson you get from playing, of course, is that cuts alone will never do the job; there’s not enough left to cut.

When I finished, I called the office of Asemblymember Connie Conway (R-Tulare). She chairs the Republican Caucus gave the formal GOP response to Brown’s State of the State speech and insisted that new taxes were not acceptable.

Her press spokesperson, Sabrina Lockhart, was very friendly and nice. I told her about the Bee game and asked: If you don’t like Brown’s taxes, what specifically should the state cut?

Lockhart’s response: “Our focus has been on creating jobs to bring in new revenue.”

Okay, I’m for that, too, but let’s be real. Even if 1 million new jobs materialized tomorrow, that wouldn’t bring in enough money this year to balance the budget. Brown’s proposing $12 billion in cuts. If that’s not enough, what else do the Republicans think should go?

Lockhart: “The Republicans are engaged in the subcommittee process and will be reviewing the governor’s proposals.”

But your boss said no taxes, I told her. There are really only two options; taxes or more cuts, right? Am I missing something here?

Lockhart hemmed and hawed for a moment. “That’s why we think job creation has to be a part of this,” she finally said.

Well, I do, too, but it’s just not that simple. If the Republicans don’t want taxes, why won’t they tell us what they want to cut instead? Seriously, what Brown is offering is brutal, bloody — what else would the GOP members put on the chopping block?

Answer: They have no proposals. Nothing at all. Just no new taxes. If I were Jerry Brown, I’d be drinking heavily.

Editor’s Notes

2

Tredmond@sfbg.com

I talk to the Unitarians sometimes. I’m not much for church myself, but the Unitarians are pretty mellow. My neighbor, who grew up Unitarian, tells me that Unitarians “believe in one God … at most.” There’s even an atheist caucus at the Unitarian Church on Franklin Street. That works for me.

So a couple of times a year, they invite me to come and talk to their discussion forum Sunday morning, before services, and I always go — sweet, wonderful people who are about as liberal as religious people get, and they actually listen to me and ask intelligent questions.

So I was there two weeks ago talking about the year ahead in local politics, and after I went on far too long complaining about a city and a society that don’t want the wealthy to pay taxes, a woman walked up to the mic and made a really interesting point.

When you get your property tax bill in San Francisco, she said, there’s a little box you can check to make a voluntary contribution to the arts. Why, she asked, is there nothing about contributing to the public schools?

It’s not an academic point. In most states, local property taxes support local schools. In California, Proposition 13 forced the state to take on that responsibility. Now the state’s broke, and education has taken huge cuts. And even if San Francisco wanted to put more local money into the schools, the local budget has no extra room, either.

But almost everyone who owns property in San Francisco is getting a great deal from Prop. 13. My brother owns a house in upstate New York that cost about $100,000 — and his property taxes are higher than mine, and my house in San Francisco cost a good bit more than that. Warren Buffet complained about it to former Gov. Arnold Schwarzenegger; Buffet’s place in Southern California has lower taxes than his home in Omaha — and the tax bills don’t exactly reflect the comparative assessed values.

Now, I’m not into charity. I mean, I’m fine with charity, and people should be generous and all that, but when it comes to essential public services, charity won’t cut it. Rich people should pay taxes, and elected representatives should decide how to prioritize where the money is spent.

But here we are in San Francisco, with all these wealthy people not paying fair taxes on their property and Prop. 13 seemingly set in stone. So maybe we could start a campaign. It’s not hard to figure out how much you’re getting away with under Prop. 13. Take the actual value of your house (come on, you know what the place down the street just sold for); multiply it by the current tax rate (it’s on the invoice); and subtract the amount of your bill. Yeah, you’re saving a lot of money. Some of you are saving a whole lot of money.

Then the tax collector can put a box on the property tax bill that lets you make a voluntary contribution to the public schools that reflects some of that savings. Just some, a little bit. If we all did it, we’d make a huge difference.

Jerry Brown and local government

1

So Jerry Brown wants to go back to the days before Prop. 13. He wants to do what a lot of people say, in retrospect, he should have done in 1978: Leave local government with the responsibility for all those things that property taxes used to fund.


His idea is being framed as a little more gentle than that:


“We’re going to shift funding to the local level, we’re going to make sure there’s enough responsibility and discretion to use the money in the wisest possible ways,” Brown told reporters after the meeting, adding that he does not believe it will be an easy change. “There will be controversies.”


But the reality is simple: the state doesn’t have the money to fund all the things that cities and counties need to do. And Brown would be solving (some of) Sacramento’s problems by adding to the burdens of local government.


He’s crazy like a fox, though, Jerry is. Back in June, 1978, when the voters approved Prop. 13, local officials said the results would be disastrous — schools closing, fire stations shuttered, police departments devastated by layoffs, bus service collapsing … and at first, none of those things happened. That’s because under Gov. Brown, the state was running a huge budget surplus — and Brown shared it with the cities and counties.


Now more than 70 percent of every dollar of state spending goes directly to local government. When people complain about the state’s budget increasing over the past few decades, they need to understand — not only has population expanded and the federal government cut back on programs that the state now has to pay for, but the state has taken on programs that used to be funded by local property taxes.


And Brown wants the cities and counties to take some of that responsibility again. In the process, he might wind up doing what no politician in the state has managed in in 32 years. He might show Californians how bad Prop. 13 really is.


Because unless the state gives local government significant new power to raise taxes (and I’d love to see that happen), the cuts over the next two years will hit particularly hard on the things that people see around them every day: Local government services.


It is, indeed, shock doctrine. And the only way it can possibly work is if local government is given the authority to raise enough money to pay for the services people want, need and expect — and if people start to realized that there’s nobody in Sacramento or Washington to bail them out, and that if they want good schools, safe streets, nice parks, etc. they’re going to have to pay for it.


It’s going to be a fascinating spring.


 


 

Jerry Brown wants to eliminate Redevelopment

10

Calitics reveals today that newly sworn-in Gov. Jerry Brown told the Sacramento Bee that he’s proposing to eliminate local redevelopment agencies as part of a set of austerity measures that he is proposing in a purported effort to shock folks into approving new revenues

Brown’s shocking proposal got me calling tenants rights activist Calvin Welch and Arc Ecology executive director Saul Bloom, who both have strong and well- informed views on what’s up with local redevelopment agencies and how they could be improved. And interestingly neither Bloom nor Welch was in favor of eliminating redevelopment.

Welch, who hadn’t yet had time to read the article when I called him, actually laughed when I outlined Brown’s basic idea, which admittedly is big on shock value and thin on explanations, at least at this point.
‘That would be very interesting, but the devil’s in the details.” Welch observed, noting that voters just approved Prop. 22 in Nov. 2010 to prevent the state from taking city redevelopment money to balance the budget in Sacramento. (Unfortunately, Prop. 22’s passage still doesn’t protect San Francisco from having its budget raided by the state, since it’s defined as both a city and a county.)

“That’s an astounding idea,” Welch added, trying to wrap his mind around Brown’s out-of-the-blue proposal. “Because in San Francisco, there are redevelopment areas, including Bayview Hunters Point, Mission Bay and the Transbay Terminal, that have already been authorized for another 25-30 years.”

“Perhaps the language would be ‘no new redevelopment’ but I don’t know how you would do that,” Welch added, noting that Brown has not only been governor before, but was also mayor of Oakland. (During his term as mayor, Brown was credited with starting the revitalization of Oakland but was also accused of being more interested in downtown redevelopment and economic growth than political ideology.)

Welch noted that San Francisco was fortunate in being able to reshape its Redevelopment financing arrangements in 1990 under then mayor Art Agnos.

“It was probably the most progressive and long standing reform of Art Agnos’ administration—and no one understands it,” Welch said. As Welch tells it, when Agnos came into office, he inherited a city that had been bankrupted by a decade of mayor Dianne Feinstein’s business-friendly policies, much like how San Francisco has been milked in the past decade by Newsom’s business-friendly policies.

“Redevelopment doesn’t pay its way in the post Prop. 13 world,” Welch stated. “Under Mayor Gavin Newsom, we’ve had the most market rate housing produced and the biggest deficits in what was a real estate collapse, as part of the collapse of the economic markets. And under Mayor Feinstein’s 10-year rule, we saw massive amounts of commercial office space built that never paid its way, leaving Agnos with a $103 million deficit.”

Welch notes that Agnos also inherited a huge homeless crisis (something Welch says Feinstein was in denial over) and that Agnos sought to reform Redevelopment in large part as a way to address the city’s growing lack of affordable housing. “Art basically said, let’s take a look at tax increment financing,” Welch said, referring to a tax financing arrangement, under which a municipality can a) do an assessed value of an area before redevelopment takes place, b) estimate what that same area’s local taxes would be after redevelopment, and c) borrow money against the incremental difference between a) and b).

“Art said, ‘I want to do that and I want to use the hundreds of millions of dollars available through redevelopment for affordable housing,’” Welch recalled. He noted that Agnos succeeded in his mission by shifting the San Francisco Redevelopment Agency’s mission from ‘urban renewal’ (which had negative connotations following the displacement of African American and other low-income communities from the Fillmore in the 1960s) to ‘community development,’ making Redevelopment subject to the same budgetary process as other departments, and insisting that 20 percent of tax increment financing dollars be devoted to affordable housing.
“But we said, ‘no, 50 percent has to be devoted to affordable housing and Art agreed, and that’s been the case since 1990,” Welch recalled. “And since then our Redevelopment Agency has been the principal source of affordable housing revenue in San Francisco.”

So, in another words, the San Francisco Redevelopment Agency is pretty much alone in the state, in terms of devoting half its tax increment financing revenues to affordable housing. But by the same token, San Francisco’s Redevelopment Agency is pretty much alone in the state in terms of not being governed directly by a city council or a county Board of Supervisors. Instead, it’s governed by a Commission, whose members are appointed solely by the mayor . And therein lies the problem, Welch says.
‘It would only take six votes on the Board of Supervisors, or eight votes to override a mayoral veto, to change that,” Welch observed.

But to date there haven’t been eight votes to do that, even with a progressive Board.
Welch believes the problem is that supervisors, who currently each only have two legislative aides, fear swampage from Redevelopment responsibilities.
“To contemplate taking over a multibillion dollar agencies and taking on the likes of Catellus with only two staffers, well it’s a recipe for disaster,” Welch said, acknowledging that additional reforms, including splitting appointments on the Redevelopment Commission between the mayor and the Board, or allowing the Board to hire additional legislative staff to work on redevelopment issues, could solve the problem.

Bloom, who recently sued after the Redevelopment Commission threw his non-profit under the bus, said his non-profit’s recent experience perfectly illustrates why and how Redevelopment should be reformed, rather than completely eliminated.
“Redevelopment is a process that has been much abused, so it’s easy to say, let’s get rid of it, but I’m not there, ”Bloom said, noting that his beef has been with the way his non-profit was treated by Redevelopment Commissioners, rather than Redevelopment staff.
“But I do believe there needs to be a modification of the process, in which redevelopment is put in the hands of an entity that is answerable to the public.”

Bloom believes this modification could be achieved by making the Board of Supervisors the governing body of the Redevelopment Agency, which is already the case in almost all municipalities in California.
“Give that role to the Board of Supervisors because you can fire your supervisor,” Bloom said, noting that currently there are no limits on how long individuals, who are appointed by the mayor, can serve on the Redevelopment Commission. ‘If you give that role to the supervisors, they will be able to utilize more staff to become better Board members. So, this is an opportunity to increase people’s participation in the process.”

Meanwhile, it’s possible that Brown’s threat to eliminate Redevelopment will be like the time Warren Buffett, who’d just been announced as then newly elected Gov. Arnold Schwarzenegger’s financial adviser, caused a brou-haha when he threatened to reform that even holier of cows, Prop. 13.

 

How Brown can save California

4

EDITORIAL There are two things Gov. Jerry Brown has to do to get California back on track, and he needs to start right away. He has to restore at least a degree of public faith in state government — and he has to put a series of tax increases on the June ballot.

The first step ought to be right in the Brown playbook. The public is fed up with the secrecy, lies, machinations, and policy failures of the Schwarzenegger administration, and Brown can start off by telling people the truth. The budget situation is frightening; it can’t all be solved by cuts without destroying the state of California as we know it. But it also requires an understanding that the taxpayers don’t want to see their money wasted.

Brown has done the right thing by offering to cut his own staff by 25 percent and by denouncing the demands of the highest-paid University of California staffers who want even larger pensions. He might also take a look at some of the outmoded, expensive commissions in the state (do we really need a 21-member California Film Commission?) None of these are big money-savers, and none address the budget crisis in any meaningful way. But they’ll show that Brown’s cautious with a buck.

Then he needs to tell the voters that the state does, indeed, have a revenue problem, not just a spending problem. And he should start right away with a blue-ribbon panel of tax experts to look at what reforms ought to go on the June ballot.

It’s crazy to say that solving a $28 billion budget shortfall is easy, but a few basic changes could go a very long way to balancing the books. If the voters approve an oil severance tax (something every other oil-producing state in the nation has), an end to the commercial property loophole in Prop. 13, and the restoration of the vehicle license fee that Arnold Schwarzenegger abolished, the state would be about $10 billion richer. A modest increase in the income tax on the very richest Californians would add a few billion more. And suddenly the problem wouldn’t look so insurmountable.

Brown has an advantage: he’s taking over for a terribly unpopular governor. He will be able to work with a Legislature that now has the ability to pass a budget with a simple majority. And while his victory in November was hardly a landslide, it was substantial enough that he’s got a valid mandate for change.

He and the legislative leaders should adopt a budget that includes the expected revenue from a June tax package — and then offer an alternative budget that doesn’t. Give the voters a clear choice. Do they want to eliminate hundreds of public schools, raise elementary school class sizes to 40, shut down a couple of University of California campuses, shutter the state parks, and let 30,000 prisoners go free? Of do they want the oil companies and the richest Californians to pay a little bit more to keep the state functioning?

Brown can make history this spring. The passage of Prop. 13, during his last term as governor, set off a nationwide tax-cutting frenzy that’s damaged the entire country. By pushing back just a little bit, and demanding a little bit of tax fairness, he can demonstrate that California is still a leader in progressive public policy.

He’ll have to put his political capital, his credibility, and all the money he can raise behind the effort. If he doesn’t, his administration, and the state, will be a total failure.

Editorial: How Brown can save California

0

There are two things Gov. Jerry Brown has to do to get California back on track, and he needs to start right away. He has to restore at least a degree of public faith in state government and he has to put a series of tax increases on the June ballot.

The first step ought to be right in the Brown playbook. The public is fed up with the secrecy, lies, machinations, and policy failures of the Schwarzenegger administration, and Brown can start off by telling people the truth. The budget situation is frightening; it can’t all be solved by cuts without destroying the state of California as we know it. But it also requires an understanding that the taxpayers don’t want to see their money wasted.

Brown has done the right thing by offering to cut his own staff by 25 percent and by denouncing the demands of the highest-paid University of California staffers who want even larger pensions. He might also take a look at some of the outmoded, expensive commissions in the state (do we really need a 21-member California Film Commission?) None of these are big money-savers, and none address the budget crisis in any meaningful way. But they’ll show that Brown’s cautious with a buck.

Then he needs to tell the voters that the state does, indeed, have a revenue problem, not just a spending problem. And he should start right away with a blue-ribbon panel of tax experts to look at what reforms ought to go on the June ballot.

It’s crazy to say that solving a $28 billion budget shortfall is easy, but a few basic changes could go a very long way to balancing the books. If the voters approve an oil severance tax (something every other oil-producing state in the nation has), an end to the commercial property loophole in Prop. 13, and the restoration of the vehicle license fee that Arnold Schwarzenegger abolished, the state would be about $10 billion richer. A modest increase in the income tax on the very richest Californians would add a few billion more. And suddenly the problem wouldn’t look so insurmountable.

Brown has an advantage: he’s taking over for a terribly unpopular governor. He will be able to work with a Legislature that now has the ability to pass a budget with a simple majority. And while his victory in November was hardly a landslide, it was substantial enough that he’s got a valid mandate for change.

He and the legislative leaders should adopt a budget that includes the expected revenue from a June tax package and then offer an alternative budget that doesn’t. Give the voters a clear choice. Do they want to eliminate hundreds of public schools, raise elementary school class sizes to 40, shut down a couple of University of California campuses, shutter the state parks, and let 30,000 prisoners go free? Of do they want the oil companies and the richest Californians to pay a little bit more to keep the state functioning?

Brown can make history this spring. The passage of Prop. 13, during his last term as governor, set off a nationwide tax-cutting frenzy that’s damaged the entire country. By pushing back just a little bit, and demanding a little bit of tax fairness, he can demonstrate that California is still a leader in progressive public policy.

He’ll have to put his political capital, his credibility, and all the money he can raise behind the effort. If he doesn’t, his administration, and the state, will be a total failure.  

 


 

Maybe bankruptcy would save California

54

First of all: ain’t going to happen. The state needs to spend $6.6 billion on bond debt, and has more than $50 million available. No default looming. I’m with Robert Cruickshank at Calitics: The law shouldn’t give bondholders first claim on the state’s money. But it does.


That said, some of the people who commented on my last post on the subject seem almost to be drooling at the prospect of a state or municipal bankruptcy; a judge, they argue, could force big reductions in employee pensions.


But there’s another twist on this that my colleague Johnny Angel Wendell just passed along to me:


In a normal bankruptcy, a judge looks not just at debts and obligations but at assets. A bankrupt corporation has to turn over all it has, including accounts receivable; hiding money isn’t legal. So suppose a bankruptcy judge looked at California and said: This is a rich state with lots of assets, and the only reason it can’t collect on those assets and make good on its debts — the number one responsibility of a bankruptcy judge — is that it’s hamstrung by some ridiculous laws. Bankruptcy judges have sweeping authority to restructure corporations; perhaps by the same standard, a judge could restructure not only California’s accounts payable and obligations but its ability to bring in money.


Imagine a court saying: Prop. 13 interferes with California’s ability to pay its debts. The two-thirds requirement for tax hikes interferes with California’s ability to pay its debts. Sorry, those laws are gone.


A federal judge has already mandated that California spend billions on better prison health care; why not mandate that the state raise taxes to cover its costs?


So all you fiscal conservatives who are looking only at the debts and liabilities side of the balance sheet, think about what you’re asking for. Because there’s an asset side, too — and California’s is pretty big.

Could California go bankrupt?

41

Not today, not under current federal law. But Calitics alerts me to a really disturbing story that I didn’t know about: Congressional Republicans are pushing legislation that would allow (and actually encourage) state bankruptcies. The idea, of course, is to break public-employee unions and wipe out pensions that people have paid into and earned.

Oh, and by the way: The bill would almost certainly make it harder for states to borrow money for infrastructure projects. The cost of bonds would go up, California would have less money to build new schools, roads, high-speed rail etc. Again, something the Republicans like.

It’s crazy: California is such a wealthy state, and should be nowhere near bankruptcy. I heard on the radio the other day that Jerry Brown is going to have to do now what he should have done in 1978: Make Californians feel the affects of Prop. 13. Back then, after warning that the tax-cutting measure would have calamitous results, he used state money to bail out local governments and prevent the impacts from being felt. Now, when there’s no state money left, local governments are going to get hit really hard. The disaster that Prop. 13 opponents warned about 32 years ago is finally going to hit.

At the very least, if that’s Brown’s approach, he’s going to have to work to allow local governments more freedom to raise revenue on their own. Unless he wants cities and counties (which by law CAN go bankrupt) to follow that route. And I don’t think he does.

Endorsements 2010: San Francisco candidates

53

SUPERVISOR, DISTRICT 2


JANET REILLY


Frankly, we were a little surprised by the Janet Reilly who came in to give us her pitch as a District 2 supervisorial candidate. The last time we met with her, she was a strong progressive running for state Assembly as an advocate of single-payer health care. She was challenging Fiona Ma from the left, and easily won our endorsement.


Now she’s become a fiscal conservative — somewhat more in synch with her district, perhaps, but not an encouraging sign. Reilly seems to realize that there’s a $500 million budget deficit looming, but she won’t support any of the tax measures on the ballot. She’s against the hotel tax. She’s against the real estate transfer tax on high-end properties. She’s against the local car tax. She opposed Sup. David Chiu’s business tax plan that would have shifted the burden from small to larger businesses (even though it was clear from our interview that she didn’t understand it).


She talked about merging some of the nonprofits that get city money, about consolidating departments, and better management — solutions that might stem a tiny fraction of the red ink. But she wouldn’t even admit that the limited tax burden on the very rich was part of San Francisco’s budget problem.


Her main proposal for creating jobs is more tax credits for biotech, life sciences, and digital media and more public-private partnerships.


It’s too bad, because Reilly’s smart, and she’s far, far better than Mark Farrell, the candidate that the current incumbent, Michela Alioto-Pier, is backing. We wish she’d be realistic about the fiscal nightmare she would inherit as a supervisor.


On the positive side, she’s a strong supporter of public power and she has good connections to the progressive community. Unlike Alioto-Pier, she’d be accessible, open-minded, and willing to work with the progressive majority on the board. That would be a dramatic change, so we’ll give her the nod.


We were also impressed with Abraham Simmons, a federal prosecutor who has spent time researching city finance on the Civil Grand Jury. But he supports sit-lie, Prop. B and Prop. S, and opposes most new tax proposals and needs more political seasoning.


 


DISTRICT 4


NO ENDORSEMENT


We’ve always wanted to like Carmen Chu. She’s friendly, personable, intelligent, and well-spoken. But on the issues, she’s just awful. Indeed, we can’t think of a single significant vote on which she’s been anything but a call-up loyalist for Mayor Newsom. She even opposed the public power measure, Prop. H, that had the support of just about everyone in town except hardcore PG&E allies.


She’s running unopposed, and will be reelected. But we can’t endorse her.


 


DISTRICT 6


1. DEBRA WALKER


2. JANE KIM


3. GLENDON “ANNA CONDA” HYDE


CORRECTION: In our original version of this endorsement, we said that Jim Meko supports the sit-lie ordinance. That was an error, and it’s corrected below.


A year ago, this race was artist and activist Debra Walker’s to lose. Most of the progressive community was united behind her candidacy; she’d been working on district issues for a couple of decades, fighting the loft developers during the dot-com boom years and serving on the Building Inspection Commission. Then School Board member Jane Kim decided to enter the race, leaving the left divided, splitting resources that might have gone to other critical district races — and potentially helping to put the most pro-business downtown candidate, Theresa Sparks, in a better position to win.


Now we’ve got something of a mess — a fragmented and sometimes needlessly divisive progressive base in a district that’s key to holding progressive control of the board. And while neither of the two top progressive candidates is actively pursuing a credible ranked-choice voting strategy (Kim has, unbelievably, endorsed James Keys instead of Walker, and Walker has declined to endorse anyone else), we’re setting aside our concern over Kim’s ill-advised move and suggesting a strategy that is most likely to keep the seat Chris Daly has held for the past 10 years from falling to downtown control.


Walker is far and away our first choice. She understands land use and housing — the clear central issues in the district — and has well thought-out positions and proposals. She says that the current system of inclusionary housing — pressing market-rate developers to include a few units of below-market-rate housing with their high-end condos — simply doesn’t work. She supports an immediate affordable housing bond act and a long-term real estate transfer tax high enough to fund a steady supply of housing for the city’s workforce. She told us the city ought to be looking at planning issues from the perspective of what San Francisco needs, not what developers want to build. She’s in favor of progressive taxes and a push for local hiring. We’re happy to give her our first-place ranking.


Jane Kim has been a great SF School Board member and has always been part of the progressive community. But she only moved into District 6 a year and a half ago — about when she started talking about running for supervisor (and she told us in her endorsement interview that “D6 is a district you can run in without having lived there a long time.”) She still hasn’t been able to explain why she parachuted in to challenge an experienced progressive leader she has no substantive policy disagreements with.


That said, on the issues, Kim is consistently good. She is in favor of indexing affordable housing to market-rate housing and halting new condo development if the mix gets out of line. She’s for an affordable housing bond. She supports all the tax measures on this ballot. She’s a little softer on congestion pricing and extending parking-meter hours, but she’s open to the ideas. She supports police foot patrols not just as a law-enforcement strategy, but to encourage small businesses. She’d be a fine vote on the board. And while we’re sympathetic to the Walker supporters who would prefer that we not give Kim the credibility and exposure of an endorsement, the reality is that she’s one of two leading progressives and would be better on the board than the remaining candidates.


Hyde, a dynamic young drag queen performer, isn’t going to win. But he’s offered some great ideas and injected some fun and energy into the race. Hyde talks about creating safe injection sites for IV drug users to reduce the risk of overdoses and the spread of disease. He points out that a lot of young people age out of the foster-care system and wind up on the streets, and he’s for continuum housing that would let these young people transition to jobs or higher education. He talks about starting a co-op grocery in the Tenderloin. He proposes bus-only lanes throughout the district and wants to charge large vehicles a fee to come into the city. He’s a big advocate of nightlife and the arts. He lacks experience and needs more political seasoning, but we’re giving him the third-place nod to encourage his future involvement.


Progressives are concerned about Theresa Sparks, a transgender activist and former business executive who now runs the city’s Human Rights Commission. She did a (mostly) good job on the Police Commission. She’s experienced in city government and has good financial sense. But she’s just too conservative for what remains a very progressive district. Sparks isn’t a big fan of seeking new revenue for the city telling us that “I disagree that we’ve made all the cuts that we can” — even after four years of brutal, bloody, all-cuts budgets. She doesn’t support the hotel tax and said she couldn’t support Sup. David Chiu’s progressive business tax because it would lead to “replacing private sector jobs with public sector jobs” — even though the city’s own economic analysis shows that’s just not true. She supports Newsom’s sit-lie law.


Sparks is the candidate of the mayor and downtown, and would substantially shift the balance of power on the board. She’s also going to have huge amounts of money behind her. It’s important she be defeated.


Jim Meko, a longtime neighborhood and community activist, has good credentials and some solid ideas. He was a key player in the western SoMa planning project and helped come up with a truly progressive land-use program for the neighborhood. But he supports Prop. B and is awfully cranky about local bars and nightlife.


James Keys, who has the support of Sup. Chris Daly and was an intern in Daly’s office, has some intriguing (if not terribly practical) ideas, like combining the Sheriff’s Department and the Police Department and making Muni free). But in his interview, he demonstrated a lack of understanding of the issues facing the district and the city.


So we’re going with a ranked-choice strategy: Walker first, Kim second, Hyde third. And we hope Kim’s supporters ignore their candidate’s endorsement of Keys, put Walker as their second choice, and ensure that they don’t help elect Sparks.


 


DISTRICT 8


RAFAEL MANDELMAN


This is by far the clearest and most obvious choice on the local ballot. And it’s a critical one, a chance for progressives to reclaim the seat that once belonged to Harvey Milk and Harry Britt.


Mandelman, a former president of the Milk Club, is running as more than a queer candidate. He’s a supporter of tenants rights, immigrants’ rights, and economic and social justice. He also told us he believes “local government matters” — and that there are a lot of problems San Francisco can (and has to) solve on its own, without simply ducking and blaming Sacramento and Washington.


Mandelman argues that the public sector has been starved for years and needs more money. He agrees that there’s still a fair amount of bloat in the city budget — particularly management positions — but that even after cleaning out the waste, the city will still be far short of the money it needs to continue providing pubic services. He’s calling for a top-to-bottom review of how the city gets revenue, with the idea of creating a more progressive tax structure.


He’s an opponent of sit-lie and a supporter of the sanctuary city ordinance. He supports tenants rights and eviction protection. He’s had considerable experience (as a member of the Building Inspection Commission and Board of Appeals and as a lawyer who advises local government agencies) and would make an excellent supervisor.


Neither of the other two contenders make our endorsement cut. Rebecca Prozan is a deputy city attorney who told us she would be able to bring the warring factions on the board together. She has some interesting ideas — she’d like to see the city take over foreclosed properties and turn them into housing for teachers, cops, and firefighters — and she’s opposed to sit-lie. But she’s weak on tenant issues (she told us there’s nothing anyone can do to stop the conversion of rental housing into tenancies-in-common), doesn’t seem to grasp the need for substantial new revenues to prevent service cuts, and doesn’t support splitting the appointments to key commissions between the mayor and the supervisors.


Scott Wiener, a deputy city attorney, is a personable guy who always takes our phone calls and is honest and responsive. He’s done a lot of good work in the district. But he’s on the wrong side of many issues, and on some things would be to the right of the incumbent, Sup. Bevan Dufty.


He doesn’t support public power (which Dufty does). He says that a lot of the city’s budget problems can’t be solved until the state gets its own house in order (“we can’t tax our way out of this”) and favors a budget balanced largely by further cuts. In direct contrast to Mandelman, Wiener said San Franciscans “need to lower our expectations for government.” He wants broad-based reductions in almost all city agencies except Muni, “core” public health services, and public safety. He doesn’t support any further restrictions on condo conversions or TICs. And he has the support of the Small Property Owners Association — perhaps the most virulently anti-tenant and anti-rent control group in town.


This district once gave rise to queer political leaders who saw themselves and their struggles as part of a larger progressive movement. That’s drifted away of late — and with Mandelman, there’s a chance to bring it back.


 


DISTRICT 10


1. TONY KELLY


2. DEWITT LACY


3. CHRIS JACKSON


District 10 is the epicenter of new development in San Francisco, the place where city planners want to site as many as 40,000 new housing units, most of them high-end condos, at a cost of thousands of blue-collar jobs. The developers are salivating at the land-rush opportunities here — and the next supervisor not only needs to be an expert in land-use and development politics, but someone with the background and experience to thwart the bad ideas and direct and encourage the good ones.


There’s no shortage of candidates — 22 people are on the ballot, and at least half a dozen are serious contenders. Two — Steve Moss and Lynette Sweet — are very bad news. And one of the key priorities for progressives is defeating the big-money effort that downtown, the police, and the forces behind the Van Ness Avenue megahospital proposal are dumping into the district to elect Moss.


Our first choice is Tony Kelly, who operates Thick Description Theater and who for more than a decade has been directly involved in all the major neighborhood issues. He has a deep understanding of what the district is facing: 4,100 of the 5,300 acres in D10 have been rezoned or put under the Redevelopment Agency in the past 10 years. Planners envision as many as 100,000 new residents in the next 10 years. And the fees paid by developers will not even begin to cover the cost of the infrastructure and services needed to handle that growth.


And Kelly has solutions: The public sector will have to play a huge role in affordable housing and infrastructure, and that money should come from higher development fees — and from places like the University of California, which has a huge operation in the district and pays no property taxes. Kelly wants to set up a trigger so that if goals for affordable housing aren’t met by a set date, the market-rate development stops. He supports the revenue measures on the ballot but thinks we should go further. He opposes the pension-reform measure, Prop. B, but notes that 75 percent of the city’s pension problems come from police, fire, and management employees. He wants the supervisors to take over the Redevelopment Agency. He’s calling for a major expansion of open space and parkland in the district. And he thinks the city should direct some of the $3 billion in short-term accounts (now all with the Bank of America) to local credit unions or new municipal bank that could invest in affordable housing and small business. He’s a perfect fit for the job.


DeWitt Lacy is a civil-rights lawyer and a relative newcomer to neighborhood politics. He speaks passionately about the need for D10 to get its fair share of the city’s services and about a commitment to working-class people.


Lacy is calling for an immediate pilot program with police foot patrols in the high-crime areas of the district. He’s for increasing the requirements for developers to build affordable housing and wants to cut the payroll tax for local businesses that hire district residents.


Lacy’s vision for the future includes development that has mixed-use commuter hubs with shopping and grocery stores as well as housing. He supports the tax measures on the ballot and would be willing to extend parking meter hours — but not parking fines, which he calls an undue burden on low-income people.


He’s an outspoken foe of sit-lie and of gang injunctions, and with his background handling police abuse lawsuits, he would have a clear understanding of how to approach better law-enforcement without intimidating the community. He lacks Kelly’s history, experience, and knowledge in neighborhood issues, but he’s eminently qualified and would make a fine supervisor.


Chris Jackson, who worked at the San Francisco Labor Council and serves on the Community College Board, is our third choice. While it’s a bit unfortunate that Jackson is running for higher office only two years after getting elected to the college board, he’s got a track record and good positions on the issues. He talks of making sure that blue-collar jobs don’t get pushed out by housing, and suggested that the shipyard be used for ship repair. He wants to see the city mandate that landlords rent to people with Section 8 housing vouchers. He supports the tax measures on the ballot, but also argues that the city has 60 percent more managers than it had in 2000 and wants to bring that number down. He thinks the supervisors should take over Redevelopment, which should become “just a financing agency for affordable housing.” He wants to relocate the stinky sewage treatment plant near Third Street and Evans Avenue onto one of the piers and use the area for a transit hub. He’s still relatively unseasoned, but he has a bright political future.


Eric Smith, a biodiesel activist, is an impressive candidate too. But while his environmental credentials are good, he lacks the breadth of knowledge that our top three choices offer. But we’re glad he’s in the race and hope he stays active in community politics.


Malia Cohen has raised a lot of money and (to our astonishment) was endorsed No. 2 by the Democratic Party, but she’s by no means a progressive, particularly on tenant issues — she told us that limiting condo conversions is an infringement of property rights. And she’s way too vague on other issues.


Moss is the candidate of the big developers and the landlords, and the Chamber of Commerce is dumping tens of thousands of dollars into getting him elected. He’s got some good environmental and energy ideas — he argues that all major new developments should have their own energy distribution systems — but on the major issues, he’s either on the wrong side or (more often) can’t seem to take a stand. He said he is “still mulling over” his stand on sit-lie. He supports Sanctuary City in theory, but not the actual measure Sup. David Campos was pushing to make the policy work. He’s not sure if he likes gang injunctions or not. He only moved back to the district when he decided to run for supervisor. He’s way too conservative for the district and would be terrible on the board.


Lynette Sweet, a BART Board member, has tax problems (and problems explaining them) and wouldn’t even come to our office for an endorsement interview. The last thing D10 needs is a supervisor who’s not accountable and unwilling to talk to constituents and the press.


So we’re going with Kelly, Lacy, and Jackson as the best hope to keep D10 from becoming a district represented by a downtown landlord candidate.


 


SAN FRANCISCO BOARD OF EDUCATION


MARGARET BRODKIN


KIM-SHREE MAUFAS


HYDRA MENDOZA


Three seats are up on the School Board, and three people will get elected. And it’s a contested race, and in situations like that, we always try to endorse a full slate.


This fall, it was, to put it mildly, a challenge.


It’s disturbing that we don’t have three strong progressive candidates with experience and qualifications to oversee the San Francisco Unified School District. But it seems to be increasingly difficult to find people who want to — and can afford to — devote the time to what’s really a 40-hour-a-week position that pays $500 a month. The part-time school board is an anachronism, a creature of a very different economic and social era. With the future of the next generation of San Franciscans at stake, it’s time to make the School Board a full-time job and pay the members a decent salary so that more parents and progressive education advocates can get involved in one of the most important political jobs in the city.


That said, we’ve chosen the best of the available candidates. It’s a mixed group, made up of people who don’t support each other and aren’t part of anyone’s slate. But on balance, they offer the best choices for the job.


This is not a time when the board needs radical change. Under Superintendent Carlos Garcia, the local public schools are making huge strides. Test scores are up, enrollment is increasing, and San Francisco is, by any rational measure, the best big-city public school district in California. We give considerable credit for that to the progressives on the board who got rid of the irascible, secretive, and hostile former Superintendent Arlene Ackerman and replaced her with Garcia. He’s brought stability and improvement to the district, and is implementing a long-term plan to bring all the schools up to the highest levels and go after the stubborn achievement gap.


Yet any superintendent and any public agency needs effective oversight. One of the problems with the district under Ackerman was the blind support she got from school board members who hired her; it was almost as if her allies on the board were unable to see the damage she was doing and unable to hold her accountable.


Our choices reflect the need for stability — and independence. We are under no illusions — none of our candidates are perfect. But as a group, we believe they can work to preserve what the district is doing right and improve on policies that aren’t working.


Kim-Shree Maufas has been a staunch progressive on the board. She got into a little trouble last year when the San Francisco Chronicle reported that she’d been using a school district credit card for personal expenses. That’s not a great move, but she never actually took public money since she paid back the district. Maufas said she thought she could use the card as long as she reimbursed the district for her own expenses; the rules are now clear and she’s had no problems since. We don’t consider this a significant enough failure in judgment to prevent her from continuing to do what she’s been doing: serving as an advocate on the board for low-income kids and teachers.


Maufas is a big supporter of restorative justice and is working for ways to reduce suspensions and expulsions. She wants to make sure advanced placement and honors classes are open to anyone who can handle the coursework. She supports the new school assignment process (as do all the major candidates), although she acknowledges that there are some potential problems. She told us she thinks the district should go back to the voters for a parcel tax to supplement existing funding for the schools.


Margaret Brodkin is a lightening rod. In fact, much of the discussion around this election seems to focus on Brodkin. Since she entered the race, she’s eclipsed all the other issues, and there’s been a nasty whisper campaign designed to keep her off the board.


We’ve had our issues with Brodkin. When she worked for Mayor Newsom, she was part of a project that brought private nonprofits into city recreation centers to provide services — at a time when unionized public employees of the Recreation and Parks Department were losing their jobs. It struck us as a clear privatization effort by the Newsom administration, and it raised a flag that’s going to become increasingly important in the school district: there’s a coming clash between people who think private nonprofits can provide more services to the schools and union leaders who fear that low-paid nonprofit workers will wind up doing jobs now performed by unionized district staff. And Brodkin’s role in the Newsom administration — and her background in the nonprofit world — is certainly ground for some concern.


But Brodkin is also by far the most qualified person to run for San Francisco school board in years, maybe decades. She’s a political legend in the city, the person who is most responsible for making issues of children and youth a centerpiece of the progressive agenda. In her years as director of Coleman Advocates for Children and Youth, she tirelessly worked to make sure children weren’t overlooked in the budget process and was one of the authors of the initiative that created the Children’s Fund. She’s run a nonprofit, run a city department, and is now working on education issues.


She’s a feisty person who can be brusque and isn’t always conciliatory — but those characteristics aren’t always bad. Sup. Chris Daly used his anger and passion to push for social justice on the Board of Supervisors and, despite some drawbacks, he’s been an effective public official.


And Brodkin is full of good ideas. She talks about framing what a 21st century education looks like, about creating community schools, about aligning after-school and summer programs with the academic curriculum. She wants the next school bond act to include a central kitchen, so local kids can get locally produced meals (the current lunch fare is shipped in frozen from out of state).


Brodkin needs to remember that there’s a difference between being a bare-knuckles advocate and a member of a functioning school board. But given her skills, experience, and lifetime in progressive causes, we’re willing to give her a chance.


We also struggled over endorsing Hydra Mendoza. She works for Mayor Newsom as an education advisor — and that’s an out-front conflict of interest. She’s a fan of Obama’s Education Secretary, Arne Duncan, whose policies are regressive and dangerous.


On the other hand, she cares deeply about kids and public education. She’s not a big supporter of charter schools (“I’ve yet to see a charter school that offers anything we can’t do ourselves,” she told us) and while she was on the wrong side of a lot of issues (like JROTC) early in her tenure, over the past two years she’s been a good School Board member.


There are several other candidates worth mentioning. Bill Barnes, an aide to Michela Alioto-Pier, is a good guy, a decent progressive — but has no experience in or direct connection to the public schools. Natasha Hoehn is in the education nonprofit world and speaks with all the jargon of the educrat, but her proposals and her stands on issues are vague. Emily Murase is a strong parent advocate with some good ideas, but she struck us as a bit too conservative (particularly on JROTC and charter schools.) Jamie Wolfe teaches at a private school but lacks any real constituency or experience in local politics and the education community.


So given a weak field with limited alternatives, we’re going with Maufas, Brodkin and Mendoza.


 


SAN FRANCISCO COMMUNITY COLLEGE BOARD


JOHN RIZZO


The San Francisco Community College District has been a mess for years, and it’s only now starting to get back on track. That’s the result of the election of a few progressive reformers — Milton Marks, Chris Jackson, and John Rizzo, who now have enough clout on the seven-member board to drag along a fourth vote when they need it.


But the litany of disasters they’ve had to clean up is almost endless. A chancellor (who other incumbent board members supported until the end) is now under indictment. Public money that was supposed to go to the district wound up in a political campaign. An out-of-control semiprivate college foundation has been hiding its finances from the public. The college shifted bond money earmarked for an arts center into a gigantic, expensive gym with a pool that the college can’t even pay to operate, so it’s leased out to a private high school across the street.


And the tragedy is that all three incumbents — two of whom should have stepped down years ago — are running unopposed.


With all the attention on the School Board and district elections, not one progressive — in fact, not one candidate of any sort — has stepped forward to challenge Anita Grier and Lawrence Wong. So they’ll get another term, and the reformers will have to continue to struggle.


We’re endorsing only Rizzo, a Sierra Club staffer who has been in the lead in the reform bloc. He needs to end up as the top vote-getter, which would put him in position to be the board president. Rizzo has worked to get the district’s finances and foundation under control and he richly deserves reelection.


 


BART BOARD OF DIRECTORS, DISTRICT 8


BERT HILL


It’s about time somebody mounted a serious challenge to James Fang, the only elected Republican in San Francisco and a member of one of the most dysfunctional public agencies in California. The BART Board is a mess, spending a fortune on lines that are hardly ever used and unable to work effectively with other transit agencies or control a police force that has a history of brutality and senseless killing.


Fang supports the suburban extensions and Oakland Airport connector, which make no fiscal or transportation sense. He’s ignored problems with the BART Police for 20 years. It’s time for him to leave office.


Bert Hill is a strong challenger. A professional cost-management executive, he understands that BART is operating on an old paradigm of carrying people from the suburbs into the city. “Before we go on building any more extensions,” he told us, “we should take care of San Francisco.” He wants the agency to work closely with Muni and agrees there’s a need for a BART sunshine policy to make the notoriously secretive agency more open to public scrutiny. We strongly endorse him.


 


ASSESSOR-RECORDER


PHIL TING


San Francisco needs an aggressive assessor who looks for every last penny that big corporations are trying to duck paying — but this is also a job that presents an opportunity for challenging the current property tax laws. Phil Ting’s doing pretty well with the first part — and unlike past assessors, is actually stepping up to the plate on the second. He’s been pushing a statewide coalition to reform Prop. 13 — and while it’s an uphill battle, it’s good to see a tax assessor taking it on. Ting has little opposition and will be reelected easily.


 


PUBLIC DEFENDER


JEFF ADACHI


Adachi’s done a great job of running the office that represents indigent criminal defendants. He’s been outspoken on criminal justice issues. Until this year, he was often mentioned as a potential progressive candidate for mayor.


That’s over now. Because Adachi decided (for reasons we still can’t comprehend) to join the national attack on public employees and put Prop. B on the ballot, he’s lost any hope of getting support for higher office from the left. And since the moderate and conservative forces will never be comfortable with a public defender moving up in the political world, Adachi’s not going anywhere anytime soon.


Which is fine. He’s doing well at his day job. We wish he’d stuck to it and not taken on a divisive, expensive, and ill-conceived crusade to cut health care benefits for city employees.


 


SAN FRANCISCO SUPERIOR COURT


SEAT 15


MICHAEL NAVA


To hear some of the brahmins of the local bench and bar tell it, the stakes in this election are immense — the independence of the judiciary hangs in the balance. If a sitting judge who is considered eminently qualified for the job and has committed no ethical or legal breaches can be challenged by an outsider who is seeking more diversity on the bench, it will open the floodgates to partisan hacks taking on good judges — and force judicial candidates to raise money from lawyers and special interests, thus undermining the credibility of the judiciary.


We are well aware of the problems of judicial elections around the country. In some states, big corporations that want to influence judges raise and spend vast sums on trial and appellate court races — and typically get their way. In Iowa, three judges who were willing to stand on principle and Constitutional law and declare same-sex marriage legal are facing what amounts to a well-funded recall effort. California is not immune — in more conservative counties, liberal judges face getting knocked off the bench by law-and-order types.


It’s a serious issue. It’s worth a series of hearings in the state Legislature, and it might be worth Constitutional change. Maybe trial-court elections should be eliminated. Maybe all judicial elections should have public campaign financing. But right now, it’s an elected office — at least in theory.


In practice, the vast majority of the judicial slots in California are filled by appointment. Judges serve for four-year terms but tend to retire or step down in midterm, allowing the governor to fill the vacancy. Unless someone files specifically to challenge an incumbent, typically appointed judge, that race never even appears on the ballot.


The electoral process is messy and political, and raising money is unseemly for a judicial officer. But the appointment process is hardly pure, either — and governors in California have, over the past 30 years, appointed the vast majority of the judges from the ranks of big corporate law firms and district attorney’s offices.


There are, of course, exceptions, and Gov. Arnold Schwarzenegger has been better than his predecessor, Democrat Gray Davis. But overall, public interest lawyers, public defenders, and people with small community practices (and, of course, people who have no political strings to pull in Sacramento) have been frustrated. And it’s no surprise that some have sought to run against incumbents.


That’s what’s happening here. Michael Nava, a gay Latino who has been working as a research attorney for California Supreme Court Justice Carlos Moreno, was going to run for a rare open seat this year, but the field quickly got crowded. So Nava challenged Richard Ulmer, a corporate lawyer appointed by Schwarzenegger who has been on the bench a little more than a year.


We will stipulate, as the lawyers say: Ulmer has done nothing wrong. From all accounts, he’s a fine judge (and before taking the bench, he did some stellar pro bono work fighting for reforms in the juvenile detention system). So there are two questions here: Should Nava have even filed to run against Ulmer? And since he did, who is the better candidate?


It’s important to understand this isn’t a case of special interests and that big money wanting to oust a judge because of his politics or rulings. Nava isn’t backed by any wealthy interest. There’s no clear parallel to the situations in other areas and other states where the judiciary is being compromised by electoral politics. Nava had every right to run — and has mounted an honest campaign that discusses the need for diversity on the bench.


Ulmer’s supporters note — correctly — that the San Francisco courts have more ethnic and gender diversity than any county in the state. And we’re not going to try to come to a conclusion here about how much diversity is enough.


But we will say that life experience matters, and judges bring to the bench what they’ve lived. Nava, who is the grandson of Mexican immigrants and the first person in his family to go to college, may have a different perspective on how low-income people of color are treated in the courts than a former Republican who spent his professional career in big law firms.


We were impressed by Nava’s background and knowledge — and by his interest in opening up the courts. He supports cameras in the courtrooms and allowing reporters to record court proceedings. He told us the meetings judges hold on court administration should be open to the public.


We’re willing to discuss whether judicial elections make sense. Meanwhile, judges who don’t like the idea of challenges should encourage their colleagues not to retire in midterm. If all the judges left at the end of a four-year term, there would be plenty of open seats and fewer challenges. But for now, there’s nothing in this particular election that makes us fear for the independence of the courts. Vote for Nava.


 


>>BACK TO ENDORSEMENTS 2010

Endorsement interviews: Emily Murase

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Emily Murase has a lot on her plate. The mother of two daughters in the San Francisco public school system, she is also the executive director of the San Francisco Department on the Status of Women, a member of the Rosa Parks School Site Council, the Japanese Bilingual Bicultural Program Parent Teacher Community Council, and the Lowell Alumni Association Board of Directors; she also sits on the boards of the Lakeshore Acres Improvement Club, the San Francisco Girl Scouts, and Democratic Women in Action.

As if that weren’t enough, she’s running for school board, and has earned the endorsements of California Senators Mark Leno and Leland Yee, Mayor Gavin Newsom, five members of the Board of Supervisors, and United Educators.

When she met with the Guardian, Murase spoke about tackling the budget deficit, addressing the opportunity gap for African American, Latino, and Pacific Islander students, and fighting truancy. She said she’s in favor of reforming Prop. 13 to promote adequate funding for education, but in the short-term she envisions setting up a system to solicit ideas from people working within the school system to identify opportunities for savings.

Murase said she supports a parcel tax to generate more funding for schools. She’s also in favor of developing a formal system for evaluating teacher performance. Murase said she supported JROTC in the past, but would be interested in forging more robust partnerships between public schools and skilled trades in order to create a broader array of career pathways for students. School lunches should be prepared locally, she added, and this could also translate into a learning opportunity for kids.

Listen to the entire interview below.

 

murase by endorsements2010

Newsom and the mighty duck

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Remarkable (or sadly, maybe not so remarkable) interview with Gavin Newsom on the Bay Citizen website. Remarkable because the candidate for lt. governor ducked every single significant issue. Not so remarkable, I guess, because it’s just more of what we’ve seen for years.

And because it really did show his political priorities.

His repsonse, for example, to a question about the cost of higher education in California: “You have to stop all these budget cuts. … Stop the draconian budget cuts. It’s counter to fiscal prudency, economic growth and competitive advantage.”

So how do you do that? How do you find the money?

Quack:

“It’s a question of priorities, what do you value. San Francisco … didn’t cut in those areas we value.”

Oh, so we don’t care about services for the poor?

Then there’s Prop. 13. His answer to the complete unfairness of the state’s property tax system? Quack:

“Difficult questions. It requires a debate, and I’m not afraid of saying we should have a debate about this.” Amazing. The almighty duck.

 

 

What does Chuck Nevius want?

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I’m not sure even Freud could answer that question, particularly re: his latest Chron column, which seems to be complaining that middle-class families don’t get a fair shake in the school lottery.


Nevius tells the tale of a couple who lost out in the school-choice lottery. It happens; I know that, because it happened to me. When my son was headed for kindergarten, we carefully chose seven schools we liked, and when the computer was done, we got none of them.


We also went through the second round, and wound up with a wonderful school, McKinley, that has been perfect for our kids. When we first got there, six years ago, it wasn’t considered a “top” school, one of the ones that everyone applies to; now, thanks to a dedicated staff and increasing parent involvement, McKinley’s on everyone’s list.


But that’s a different story. What Nevius says is this:


The system is a wildly confusing method of allowing parents to choose the school for their children while also attempting to encourage diversity. Parents need to pick schools they’d like to attend. But the system factors in diversity, whether their child went to preschool and a family’s income. A new system will be implemented next year that should be an improvement, but there is still considerable confusion.


And:


At issue is the fact that San Francisco continues to lose families with children, many of whom are middle-class, two-income, motivated parents who could make a huge difference in struggling schools.


“How can you have a healthy city when families are constantly leaving?” asked Todd David, who headed up a group of about 30 families from the Jewish Community Center preschool who all “went 0-7” last year. Two-thirds of them, David says, ended up at a private school.


Actually, I’m not sure the new system next year will be an improvement; it won’t for me. It’s based too much on keeping kids in their neighborhoods — which means if, by chance, the middle school in your neighborhood isn’t right for your kid, you’re SOL. And I’ll admit, the current system isn’t perfect — but what I want to know, as someone who has studied this and thought about it and written about it and argued about it for six years now, is this:


What’s the C.W. Nevius plan? What system would be more fair that what we have now? Because he hasn’t offered an alternative.


There are three essential problems that the SF school district faces:


1. There’s not enough money. Nowhere near enough money. So not every school is going to have every facility and program that’s perfect for every kid.


2. The city is still racially and socioeconomically segregated, so if every kid goes strictly to a neighborhood school (the plan some parents in more upscale areas want) you will have decidedly segregated (illegal) and even more unequal (unfair) schools.


3. Some parent want to stick to their neighborhood schools, but most parents also want a choice. Not every elementary school has Spanish or Chinese immersion; some parents really want that. Not every middle school has a GATE or honors program; some parents really want that. And, frankly, some schools are better than others, and while the ultimate goal is to improve all the schools for all the kids, see (1.) above. And parents want the right to choose a “better” school.


Since the Supreme Court says the district can’t use race as a factor in creating diversity, there has to be something else — and SFUSD has, properly, added in socioeconomic indicators that aren’t just race-based, like the educational level of the mother. Since not everyone can get into the most popular schools, there has to be some kind of lottery. Add in factor (3.), and you get a situation that’s almost impossible to solve in a way that makes everyone happy.


Particularly since there are bound to be some families who don’t get what they want.


I think the district is telling the truth when the folks there say that the vast majority of San Francisco families get one of their seven choices (around 80 percent, last time I checked). That’s not perfect, but it’s not awful. Some of those who don’t get the school of their choice will flee for private schools, and that sucks, since the district needs more enrollment and more engaged parents. (Others will stick with the system and work to improve the schools they do get — and I can tell you from experience, that works.)


But I keep coming back to the basic situation:


1. We can’t allow segregated schools, and we don’t want to.


2. The school district can’t change the demographics of the city.


3. There’s no way to make this work without a lottery and


4. No lottery is going to be perfect.


I don’t love the current situation; my solution is to repeal Prop. 13 (at least on commercial property) and double the per-student funding. Then this wouldn’t be an issue.


What’s the Nevius plan? Dunno; I asked him, and all he said was that he plans to follow up. We’re all waiting for your brilliance, Chuck. 


 

Two steaming non-scandals

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The political press is all over two of the big non-scandals of the day, Jerry Brown’s pension and Jeff Adachi’s budget. Let’s start with ol’ Jer’.


You can say a lot of things about Jerry Brown, and I’ve said a lot of them myself, but the guy has never tried to enrich himself off the public dollar. Fact is, Jerry’s about as cheap as you can get, and hates to spend money — his money, campaign money, public money. In some ways, he’s responsible for Prop. 13, because he was such a cheapskate as governor in the 1970s that he ran up a huge billion-dollar-plus surplus in Sacramento at a time when property taxes were soaring.


But Matt Drudge, playing off public anger at state employee pensions, decided that Brown was “double dipping,” citing and OC Register report, and suddenly, the former gov’s secret pension was big news. But wait, the Chron actually figured it out: Brown isn’t drawing any pension at all right now. If he were to retire after about 25 years of service as secretary of state, governor, mayor of Oakland, attorney general and a Supreme Court clerk, he’d be eligible for a pension of $78,450 — considerably less than your average San Francisco cop or firefighter. Knowing Jerry, he’ll probably decline it anyway.


In other words: No story.


Then there’s Jeff Adachi’s budget. I know, it looks bad for a guy who’s trying to cut worker pensions and health care to be seeing budget increases and still leave the city with a $2 million legal tab for work he refused to handle. But really, this is old news — Adachi’s been warning for a couple of years that he was going to have to decline cases (and thus stick the city with a private legal bill). And let’s remember: The staff in the Public Defender’s Office handles almost twice as many cases as they ought to.


Adachi’s ballot initiative annoys me — he’s going after city employee benefits instead of looking at where the city can raise new revenue. And he’s acting like a lone wolf, demanding that his office is properly staffed and launching an initiative that attacks public employee unions instead of trying to work with them.


But I don’t blame him for being agressive in pushing for adequate funding for his shop — I wish the director of public health was willing to try as hard to avoid cutbacks instead of going along with whatever the mayor proposes. And his current budget is nowhere near as scandalous as what happens every single year with police and fire.